According to the Delhi High Court's Thursday decision, Dr A K Bisoi - cardio thoracic surgeon, who was suspended March 9 for allegedly helping in the appointment of an unqualified person - has been allowed to perform surgery on infants suffering from heart ailments at the All India Institute of Medical Sciences (AIIMS).

The court held that "life is to be given preference over suspension of an employee," and overlooked the objections leveled against Dr Bisnoi by the premier hospital. Referring to the infants requiring life-saving switch surgery on arteries, the court urged AIIMS not to let ego clashes come in the way of the top-priority of rendering patient care.

The HC bench, which comprised Chief Justice A P Shah and Justice Sanjeev Khanna, observed that "Need and necessity to undertake and perform surgery at AIIMS out-ways and is more important than the right to suspend an employee." Nonetheless, the HC also made it clear that its order was, in no way, its opinion on the "merit and justification" of the doctor's suspension order.

Though the court has permitted Dr Bisnoi to perform surgeries, he will, however, remain under suspension and not be entitled to any extra remuneration for the surgeries undertaken. The court also said that Dr Bisnoi cannot use this permission of performing surgeries as an argument for challenging his suspension.